Implementation of the Strategy for Reintegration of Repatriated Persons in Kosovo's Municipalities - November 2009
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Organization for Security and Co-operation in Europe
MISSION IN KOSOVO
Department of Human Rights and Communities
Implementation of the Strategy for Reintegration of
Repatriated Persons in Kosovo’s Municipalities
November 2009TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................... 1
1. INTRODUCTION ..................................................................................................... 2
2. POLICY FRAMEWORK.......................................................................................... 3
3. IMPLEMENTATION OF THE STRATEGY FOR REINTEGRATION OF
REPATRIATED PERSONS AT MUNICIPAL LEVEL ........................................... 4
3.1 Co-ordination mechanisms ................................................................................... 4
3.2 Reintegration in municipalities of origin.............................................................. 7
3.2.1 Civil documents ........................................................................................ 7
3.2.2 Health........................................................................................................ 8
3.2.3 Education .................................................................................................. 8
3.2.4 Employment and social welfare................................................................ 9
3.2.5 Housing and accommodation ................................................................. 10
4. CONCLUSIONS ..................................................................................................... 11
5. RECOMMENDATIONS………………………………………………………….12
iiEXECUTIVE SUMMARY
According to the Strategy for Reintegration of Repatriated Persons (Strategy)1,
repatriation or forced return involves persons originating from Kosovo who were
denied refugee or other legal status in host countries and by official orders or court
decisions are repatriated to Kosovo. Limited readmission competencies were
transferred by the United Nations Interim Administration Mission in Kosovo
(UNMIK) to the Kosovo institutions in January 2008, after which Kosovo institutions
gradually took over further readmission and repatriation activities. This report
assesses the efforts made by the latter to fulfil their obligations under the Strategy and
to create conditions for the reception and sustainable reintegration of repatriated
persons into Kosovo’s society. The findings presented are based on regular
monitoring activities of the Organization for Security and Co-operation in Europe
Mission in Kosovo (OSCE) in the field of human rights, participation of communities
in decision-making processes, and the protection and promotion of their rights.
The report finds that Kosovo’s local authorities fall short of fulfilling their obligations
to support the reintegration of persons repatriated to Kosovo from host countries.
Since its adoption in October 2007, only few steps have been taken to implement the
Strategy’s objectives at the local level, nor have the necessary funds been allocated to
extend specific reintegration assistance to repatriated persons as foreseen by the
Action Plan for its implementation2. The Strategy has not been widely distributed to
the local level, and there is a general lack of awareness among relevant local
authorities of their roles and responsibilities vis-à-vis repatriated persons. Concrete
measures to facilitate the reintegration of repatriated persons in the key areas of
health, education, employment and housing are still lacking, and no costs associated
with the reintegration of repatriated persons have been included in the respective
municipal budgets. Finally, the establishment and proper functioning of referral and
co-ordination mechanisms between central and local level as outlined in these
documents remain a major challenge for all stakeholders involved.
As a consequence, repatriated persons often remain without any assistance,
information on access to services, or other reintegration opportunities upon their
arrival in Kosovo. The lack of assistance they face3 in the areas of housing, schooling,
and economic opportunities often involves serious reintegration problems for
individuals and families, in particular persons belonging to non-majority
communities4.
This report includes a number of recommendations to the central government and
relevant local authorities as well as international actors and host countries. They stress
1
UNMIK/PISG Strategy for Reintegration of Repatriated Persons (Strategy), approved by the
government of Kosovo on 10 October 2007.
2
Government of Kosovo Action Plan for the Strategy for Reintegration of Repatriated Persons
(Action Plan), April 2008.
3
The Kosovo government has no housing reconstruction programmes in place for forced returnees.
These returnees need to be distinguished from voluntary returnees, for whom the Kosovo
government has some assistance programmes, including some housing reconstruction programmes.
4
For the purpose of this report, non-majority communities are all those communities who constitute
a numerical minority at the municipal level in Kosovo.
1the need for greater co-ordination and information sharing among stakeholders
involved, establishing and strengthening institutional mechanisms and capacities to
address the needs of repatriated persons, and for allocating necessary budgetary
resources for the implementation of the Strategy. Kosovo institutions, with the support
of host countries, have to take all necessary measures to create conditions for the
reception and reintegration of repatriated persons, in order to allow for their safe and
dignified return and sustainable reintegration into Kosovo society.
1. INTRODUCTION
In recent years, countries, which had accommodated large numbers of displaced
persons from Kosovo, have increasingly sought to return them to their place of origin.
According to United Nations High Commissioner for Refugees (UNHCR) statistics,
between January and September 2009, a total of 2,144 persons were forcibly
repatriated to Kosovo, out of whom 130 belong to communities considered at risk and
in need of continued international protection by the UNHCR.5 The year 2008 saw the
forcible return of 2,550 individuals, in comparison to 3,219 in 2007, 3,569 in 2006
and 3,554 in 2005.6 The majority of repatriated persons are Kosovo Albanians,
however, forced returns increasingly include persons belonging to non-majority
communities, including Kosovo Roma, Ashkali, Egyptians, Kosovo Serbs, and
Kosovo Albanians from the northern parts of Kosovo.7 Kosovo Serbs, Roma and
Kosovo Albanians in a minority situation at the municipal level continue to be
considered at risk by UNHCR.8
In an effort to create a comprehensive repatriation policy and operational framework
and to prepare for the transfer of competencies to local institutions, the UNMIK
Office of Communities, Returns and Minority Affairs and the Provisional Institutions
of Self-Government (PISG) in 2007 developed the Readmission Policy9 as well as the
Strategy10. On 1 November 2008, the Kosovo government started communicating
directly with host countries on readmission requests and other repatriation related
issues and entered into bilateral negotiations on readmission agreements with several
Western European countries.11
5
UNHCR Statistical Overview – update as of end of September 2009. According to the latest
UNHCR Position Paper on the Continued International Protection Needs of Individuals from
Kosovo (June 2006), Kosovo Serbs, Roma and Kosovo Albanians in a minority situation at
municipal level continue to be at risk of persecution, and should continue to benefit from
international protection in countries of asylum.
6
UNHCR Statistical Overview – update as of end of September 2009.
7
According to the Strategy for the Reintegration of Repatriated Persons, repatriation or forced return,
involves those persons who have failed to obtain refugee or other legal status and by official orders
or court decisions are repatriated from third countries to Kosovo (Chapter 1).
8
See UNHCR Positions Paper on the Continued International Protection Needs of Individuals from
Kosovo (June 2006).
9
UNMIK/PISG Readmission Policy, October/November 2007.
10
See footnote 1.
11
In a letter to the embassies and liaison offices in Kosovo on 15 October 2008, the Ministry of
Internal Affairs, Department of Border Management, Asylum and Migration informed host
countries that the Ministry would take over all readmission and repatriation responsibilities from the
UNMIK Office of Communities, Returns and Minority Affairs and act as he main point of contact
for all counterparts from 1 November 2008. ..
2In light of this transition, this report describes and evaluates the efforts of local
authorities in Kosovo to fulfil their obligations under the existing policy framework
for the reintegration of repatriated persons, and to develop targeted plans to assist
returnees with their reintegration into Kosovo society. The report does not describe
the host countries’ asylum or legal procedures resulting in the denial of status and
subsequent repatriation, but focuses on the policies and procedures in place to create
conditions for the reception and sustainable reintegration of repatriated persons in
their municipalities of origin.
2. POLICY FRAMEWORK
Until recently, UNMIK was the main institution managing the readmission and
repatriation of persons originating from Kosovo.12 Since 1999, UNMIK had co-
operated with over 20 countries13 to ensure that repatriations are conducted in an
orderly, gradual and dignified manner, and to prevent the forcible repatriation of
persons in need of international protection, particularly persons belonging to non-
majority communities and other vulnerable groups.14 Security concerns, the lack of
shelter/housing, inadequate health services, an underdeveloped social security net and
limited capacities and resources of municipalities to assist with the reintegration of
these returnees led UNMIK to limit the number of repatriations to Kosovo.15 At the
same time, host countries were asked by UNMIK to develop reintegration
programmes and assistance packages, including financial support, training,
employment and income generation programmes, housing and other reintegration
assistance, to support the voluntary return of these persons and enable their
sustainable reintegration in Kosovo.
In the process of transferring competencies to Kosovo institutions, the UNMIK Office
of Communities, Returns and Minority Affairs in 2006 supported the PISG in
developing a strategy to manage and facilitate the reintegration of repatriated persons
into Kosovo society. On 25 October 2006, the Kosovo government formed a Steering
Board composed of representatives of relevant ministries, international organizations
and international and local experts.16 The Steering Board was tasked with reaching
consensus on the roles and responsibilities of relevant ministries and local authorities
in the field of reintegration of repatriated persons, and with developing procedures
12
As part of its reserved powers in foreign affairs and border control defined by UNMIK Regulation
2001/9 on the Constitutional Framework for Provisional Self-Government in Kosovo, 15 May
2001.
13
Specific agreements/Memoranda of Understanding were signed with Germany, Switzerland and
Sweden.
14
Since 1999, UNMIK’s repatriation policies have been based on international human rights
standards and the recommendations of the UNHCR. Accordingly, UNMIK did not accept the
repatriation of persons who remain in need of international protection according to UNHCR. At the
same time, UNMIK was not opposed to the voluntary repatriation of persons originating from
Kosovo (UNMIK Background Note on Repatriation Policy, June 2006).
15
UNMIK Background Note on Repatriation Policy, June 2006, and previous years.
16
The Steering Board was co-chaired by the Ministry of Internal Affairs and the UNMIK Office of
Communities, Returns and Minority Affairs. It consisted of representatives from the Ministry of
Labour and Social Welfare, the Ministry of Environment and Spatial Planning, the Ministry of
Local Government Administration, the Ministry of Internal Affairs, the Ministry of Health, the
Ministry of Education, Science and Technology, international organizations (UNMIK, UNHCR,
OSCE, International Organization for Migration, European Union Planning Team), and other
international and local experts, including municipal community officers.
3and mechanisms to manage the reintegration process. On 10 October 2007, the
Strategy for Reintegration of Repatriated Persons was approved by the Kosovo
government.
The Strategy contains specific objectives and concrete measures in the areas of legal
reintegration, health, education, employment, social welfare, housing and property
related issues with the aim to ensure the sustainable return and reintegration of
repatriated persons. Special attention is paid to the needs of vulnerable sections of
society and non-majority communities. The Strategy assigns responsibilities to
relevant central and local institutions, introduces referral and co-ordination
mechanisms between the central and local levels, and calls for the establishment of an
inter-ministerial co-ordination board to oversee and monitor the implementation of the
Strategy. The Strategy is based on the “critical analysis and assessment of problems
from different points of view, with special emphasis on the socio-economic impacts in
order to have the situation of non-voluntary returns and the process of reintegration of
repatriated persons under control.”17 It is to be implemented through an action plan
and appropriate programmes, with the overall aim to effectively reintegrate repatriated
persons in all spheres of public life based on the principle of equality.
In April 2008, the Kosovo government finalized the Action Plan for the Strategy for
Reintegration of Repatriated Persons. It includes budgetary projections by each
ministry in the specific areas identified by the Strategy, and details outputs and
concrete actions by relevant central and local authorities, as well as a timeline for their
implementation. Calculations are based on an estimated number of 5,000 repatriated
persons per year.
3. IMPLEMENTATION OF THE STRATEGY FOR REINTEGRATION OF
REPATRIATED PERSONS AT MUNICIPAL LEVEL
3.1 Co-ordination mechanisms
Municipal Community Offices and Municipal Returns Officers
The specific mandate of the municipal community offices and municipal returns
officers18 is to ensure that municipal policies and services respond to the needs of all
communities, including returnees, living within the territory of a specific
municipality. The Strategy, therefore, assigns the co-ordination role between central
and local institutions to these offices. Specifically, municipal community offices and
municipal returns officers shall act as focal points for the communication between
central and local level; serve as the first contact point for repatriated persons at the
municipal level; report the needs of repatriated persons to other competent offices
17
Strategy, Chapter 1, Introduction.
18
See UNMIK Regulation 2007/30 on Self-Government of Municipalities in Kosovo, amending
UNMIK Regulation 2000/45 on Self-Government of Municipalities in Kosovo, and 2006 Revised
Manual on Sustainable Return.
4within the municipal administration; and provide returnees with information on their
rights and available support.19
Unfortunately, there seems to be little awareness among relevant municipal officials
of the existence and the content of the policy framework for the reintegration of
repatriated persons. Apart from four municipal returns officers20 and one municipal
community officer21, none of the consulted officials had received copies of the
Strategy and the Action Plan. Consequently, only a very limited number of municipal
officials are aware of the content and concrete measures foreseen in either document.
In fact, the majority of municipalities in Kosovo have not assigned a municipal body
to co-ordinate with central-level institutions on issues related to the reintegration of
repatriated persons. Some municipalities stated that, hypothetically, the co-ordination
role would fall to the municipal returns officer.22 In many instances, however,
municipal returns officers are not aware of their specific roles and responsibilities
with regard to the reintegration of repatriated persons; they have neither received clear
instructions nor the necessary financial and political support from the municipal
leadership to accomplish their tasks.
Notably, none of the municipalities in Kosovo has to date received advance notice
from the central level about forthcoming involuntary returns.23 Municipal officials
consulted in all municipalities stated that they received no information on arrival
details, on the number of repatriated persons, and/or on their special needs. These
details are required in order to make arrangements for their reception and effectively
support those with the most acute needs.24 Generally, municipal community officers
and municipal returns officers claim that they have never been contacted by any
central-level institution on issues relating to individual cases and/or existing
government policies and programmes.
Municipal community officers and municipal returns officers in 15 out of 33
municipalities in Kosovo collect data on repatriated persons, albeit only from those
who directly approach these offices for assistance.25 No other institution maintains
19
Strategy, Chapter 8, Partnership and Responsibilities in Horizontal and Vertical Lines, and Chapter
9, Co-ordination Mechanisms for Implementation of the Strategy for Reintegration of Repatriated
Persons.
20
Ferizaj/Uroševac, Gjilan/Gnjilane, Obiliq/Obilić and Podujevë/Podujevo.
21
Ferizaj/Uroševac.
22
Han i Elezit/Ðeneral Janković, Kamenicë/Kamenica, Kaçanik/Kačanik, Novo Brdo/Novobërdë,
Štrpce/Shtërpcë, Viti/Vitina, Mitrovicë/Mitrovica, Skenderaj/Srbica, Vushtrri/Vučitrn,
Leposavić/Leposaviq, Zubin Potok, Zvečan/Zveçan, Podujevë/Podujevo, and Shtime/Štimlje.
23
According to the Strategy, the Ministry of Local Government Administration, upon receipt of
information from the Ministry of Internal Affairs and the Ministry of Labour and Social Welfare, is
responsible to inform municipalities on arrival details and on the numbers of repatriated persons
and their special needs, including in the areas of housing, health, and education. This, under the
initial reception assistance, is necessary to ensure appropriate follow-up by relevant municipal
authorities and facilitate their reintegration in the municipality of origin (Chapter 1).
24
Only Ferizaj/Uroševac municipal community officer stated that he had received some information
in the past about forthcoming involuntary returns. Information on arrival details and on the numbers
of repatriated persons was provided, but not information on special needs of repatriated persons.
25
Ferizaj/Uroševac, Gjilan/Gnjilane, Kamenicë/Kamenica, Viti/Vitina; Lipjan/Lipljan, Fushë
Kosovë/Kosovo Polje, Shtime/Štimlje, Istog/Istok, Klinë/Klina, Prizren, Dragash/Dragaš,
Malishevë/ Mališevo, Suharekë/Suva Reka, Rahovec/Orahovac, Gjakovë/Ðakovica.
5such records. Databases on repatriated persons are kept in nine municipalities.26
However, the amount and quality of information contained in those databases is
questionable. Recorded information is often limited to basic personal data on
returnees and, in some cases, the place of residence. Two other municipalities report
that there have been no cases of repatriated persons during the reporting period and as
such do not keep records on repatriated persons.27 Finally, 16 municipalities in
Kosovo do not maintain any data on repatriated persons.28
Municipal directors and municipal assemblies
At the local level, municipal directors for health, education, and other departments
have the overall responsibility for the implementation of the Strategy in co-ordination
with the Ministry of Local Government Administration and the (yet to be established)
inter-ministerial co-ordination board. Specifically, municipal directors shall make
policy recommendations to relevant municipal assembly committees; co-ordinate the
work of municipal returns officers and municipal community offices in handling
individual cases; prepare progress reports on the implementation of the Strategy; and
propose the budget for each area of reintegration addressed by the Strategy. The
municipal assembly’s policy and finance committee shall ensure that policies are
translated into action by responsible local authorities for each component of
reintegration in line with the allocated municipal budget.29
As in the case of municipal returns officers and municipal community officers, with
very few exceptions30, interviewed senior municipal officials stated that they had not
received copies of the Strategy or the Action Plan and were not familiar with the
content of either document.31 Moreover, it appears that none of the municipalities has
received any additional central government instruction to implement the existing
policy framework for the reintegration of repatriated persons. Similarly, no specific
government programme has been developed or funded by the central government to
facilitate the reintegration of repatriated persons at the local level.
Furthermore, none of the municipalities has established policies in the field of
reintegration of repatriated persons or procedures to deal with the reintegration of
repatriated persons. No municipal budget for 2008 or 2009 foresees special or planned
budget categories for the reintegration of repatriated persons. None of the municipal
departments such as health and education or offices responsible for the
26
Ferizaj/Uroševac, Viti/Vitina, Istog/Istok, Lipjan/Lipljan, Prizren, Dragash/Dragaš, Malishevë/
Mališevo, Rahovec/Orahovac, Gjakovë/Ðakovica.
27
Štrpce/Shtërpcë and Novobërdë/Novo Brdo.
28
Hani i Elezit/Đeneral Janković, Kaçanik/Kačanik, Prishtinë/Priština, Obiliq/Obilić,
Podujevё/Podujevo, Gllogoc/Glogovac, Mamuşa/ Mamushë/Mamuša, Leposavić/Leposaviq, Zubin
Potok/Zubin Potok, Zvečan/Zveçan, Mitrovicë/Mitrovica, Skenderaj/Srbica, Vushtrri/Vučitrn,
Deçan/Dečane, Pejë/Peć and Junik.
29
Strategy, Chapter 9, Co-ordination Mechanisms for Implementation of the Strategy for
Reintegration of Repatriated Persons.
30
Directors of administration in Vushtrri/Vučitrn and Prizren.
31
Among the local institutions/officials interviewed were mayors, deputy mayors, deputy mayors for
communities, municipal directors of administration and personnel, urbanism/cadastre, finance and
economy, education, and health as well as directors of social welfare centers, municipal project
officers, municipal legal officers, municipal civil registration centres, municipal civil status offices,
and municipal assembly chairpersons.
6implementation of the Strategy has been provided with specific or additional
resources to accomplish its work in this field.
3.2 Reintegration in municipalities of origin
3.2.1 Civil documents
There have been some efforts undertaken by relevant local authorities to implement
the Strategy’s objectives related to facilitating and promoting access to personal
documents for repatriated persons, particulary persons belonging to the Roma,
Ashkali and Egyptian communities.32
A limited number of relevant local institutions report to have undertaken specific
measures to facilitate the civil registration and issuance of personal documents to
repatriated persons, mostly by providing them with information on venues and
procedures through which they can register their civil status or residence.33 In
addition, in a number of municipalities, municipal community offices and/or officials
from the municipal civil registration centres and municipal civil status offices stated
that the municipality closely co-operates with the UNHCR/Civil Rights Program in
Kosovo (CRP/K) in facilitating civil registration of persons belonging to the Roma,
Ashkali and Egyptian communities.34 This includes assisting applicants in completing
civil registration procedures, procuring documents and identifying witnesses to
establish facts regarding the identity of undocumented applicants, and in some cases,
exempting Roma, Ashkali and Egyptians from administrative fees.
Apart from that, few if any activities have been undertaken by relevant local
authorities to raise awareness among repatriated persons of the importance of civil
registration, or to proactively distribute information and promote access to municipal
services. In a number of municipalities, directors of administration and officials from
the municipal civil registration centres and municipal civil status offices stated that it
is up to the residents to approach the relevant offices in order to obtain civil
documents or to be registered, and that no specific measures were needed. In this
regard, the lack of central government instructions often results in relevant local
authorities not adopting a flexible approach or not facilitating measures to ensure that
32
Strategy, Chapter 3.1, Legal Reintegration – Access to Civil Documents.
33
Five municipal returns officers (Gjilan/Gnjilane, Podujevë/Podujevo, Prizren, Shtime/Štimlje,
Rahovec/Orahovac), six municipal community offices (Dragash/Dragaš, Ferizaj/Uroševac,
Gjakovë/Ðakovica, Gjilan/Gnjilane, Prizren, Mitrovicë/Mitrovica), one municipal civil status office
(Obiliq/Obilić) and three municipal civil registration centres (Mitrovicë/Mitrovica,
Podujevë/Podujevo, Shtime/Štimlje).
34
As part of its mandate concerning stateless persons, UNHCR has developed an action plan for a
“Civil Registration Campaign, targeting Roma, Ashkali and Egyptian community in Kosovo”
(UNHCR Office in Kosovo, Office of the Chief of Mission Protection Unit, July 2006). The
implementing partner of the UNHCR, the NGO Civil Rights Programme in Kosovo (CRP/K),
began to implement the Civil Registration Campaign in September 2006. During 2007 and 2008,
CRP/K concluded memorandum of understanding with 22 municipalities aimed at ensuring
flexibility with regard to civil registration procedures and exempting members belonging to the
Roma, Ashkali and Egyptian communities from payment of administrative fees.
7all civil documents necessary for the enjoyment and exercise of their legal rights are
issued to them.35
The lack of civil documents and the inability to register civil status events can have
serious consequences for repatriated persons. Without proper civil registration,
individuals face significant reintegration obstacles and have no or only limited access
to municipal services, as well as to adequate health care, education, social services,
employment and other reintegration opportunities. They may also face difficulties in
accessing or reclaiming property.
3.2.2 Health
The implementation of the Strategy’s objectives to facilitate access of repatriated
persons to the health care system in Kosovo, including through pro-actively reaching
out to affected persons and/or taking adequate measures to address their specific
health needs36, is poor at the local level.
Generally, municipal departments of health do not conduct any activities (e.g.
outreach activities, deployment of mobile teams, publication of brochures/leaflets,
awareness campaigns) to identify and/or raise the awareness of repatriated persons on
health issues and services available. Municipal institutions, for the most part, claim
that repatriated persons do not face difficulties in accessing health care services upon
arrival in their municipalities of origin. Measures taken in the health care field
generally do not specifically target repatriated persons. Repatriated persons are not
exempt from charges/fees for medical services during the period of their reintegration,
but rather treated as any other resident.37
Problems faced by repatriated persons mainly relate to the lack of personal documents
for registration in health care institutions38, incomplete medical records, and
availability of adequate follow-up treatment for medical conditions in Kosovo.
Moreover, the lack of physical accessibility to health care facilities for repatriated
persons in rural areas remains a problem for the most vulnerable families due to
inappropriate public transport, as is the fact that medical treatment and medication are
often not affordable.
3.2.3 Education
The Strategy foresees various measures to facilitate the reintegration of repatriated
children into the education system in Kosovo. However, to date no concrete steps
have been taken to implement reintegration measures in this field.39
35
The Strategy foresees the issuance of administrative instructions by the Ministry of Internal Affairs
in co-operation with the Ministry of Local Government Administration to relevant local authorities
to facilitate access to civil documents and civil registration for repatriated persons (Chapter 3.1
Legal Reintegration of Repatriated Persons – Access to Civil Documents).
36
Strategy, Chapter 3.2, Access to Health Care.
37
The Strategy requires that ”(r)epatriated persons shall be exempt from charges for medical services
until their full reintegration” (Chapter 3.2 Access to Health Care).
38
According to available information, identification documents are not needed for general medical
check-up, while they are requested for special treatment and hospitalization.
39
Strategy, Chapter 3.6, Education.
8No municipal work plans on education (where they have been developed) foresee the
category of repatriated children/youth and their special needs. Financial means have
not been secured by the relevant authorities for the implementation of specific
reintegration programmes, including, for instance, native language courses, catch up
classes or other extra-curricular activities. In fact, most municipal departments of
education are not aware of existing government strategies for the reintegration of
repatriated persons, and none has received central government instructions on the
conditions, criteria and procedures for their implementation,40 or the setting-up of
specific programmes to accommodate the needs of repatriated children and youth.
In general, reintegration assistance for repatriated children is limited to the provision
of basic information about education opportunities and services available. Only in a
limited number of municipalities have departments of education undertaken activities
to support low-income students with school books or materials free of charge.41 In
general, municipal directors for education stated that there is a general lack of funds
available for scholarships or additional educational activities targeted specifically at
returnee children. Only a few institutions or offices have conducted activities to raise
awareness of repatriated persons about education opportunities, available services,
relevant legal provisions and institutions in charge, mainly through conducting
outreach activities to rural areas or areas inhabited by non-majority communities.42
Initiatives or measures undertaken, however, appear in most cases not to be
systematic and not to target repatriated children or youth in particular.
Forced return has a particularly negative impact on children who have pursued
education outside of Kosovo for many years, were integrated into different schooling
systems and often face language barriers upon their return to Kosovo. Many of these
children lack sufficient knowledge of the Albanian or Serbian language, and
consequently face difficulties in following classes in the native languages as well as in
adjusting to a different curriculum and school system. Furthermore, problems arise in
the context of securing documents required for enrolment (e.g. birth certificates,
recognition of diplomas or certificates issued in other countries).
3.2.4 Employment and social welfare
There have been no concrete efforts made by relevant local and municipal authorities
to implement measures in the field of employment and social welfare as foreseen by
the Strategy.43
In general, employment programs specifically targeting repatriated persons do not
exist in any of the regions of Kosovo. Officials of regional employment centres and
vocational training centres consulted in all regions were not aware of any specific
government programmes set up to assist this group of persons with employment or
training measures. No programmes/projects have been developed to enhance
40
The Strategy foresees the issuance of further administrative instructions by the Ministry of
Education, Science and Technology, determing conditions, criteria and procedures for its
implementation (Strategy, Chapter 3.6 Education).
41
For instance in Istog/Istok, Prizren and Rahovec/Orahovac municipalities.
42
For instance, the municipal director in Mitrovicë/Mitrovica stated that the municipality conducts
regular outreach activities to the Roma Mahalla in the southern part of the municipality.
43
Strategy, Chapter 3.3, Employment; and Chapter 3.6, Social Welfare.
9employment opportunities of repatriated persons at the local level, nor have income-
generation activities been promoted by relevant local authorities. Most often
repatriated persons are referred to international organizations44 for further information
and advice on employment opportunities and professional training.45
Dismal employment prospects and the difficult socio-economic conditions in Kosovo
are among the most common problems faced by repatriated persons and the
population in general. Many repatriated persons are unemployed or rely on short-term
or occasional jobs for their livelihoods. Income is often supplemented by social
assistance or other forms of aid from international organizations or non-governmental
organizations, as well as remittances from family members living abroad. Among the
long-term unemployed, the most disadvantaged groups are women, Roma, Ashkali,
Egyptians and persons with disabilities.
In most of the municipalities in which repatriated persons have been registered over
the past two years, responsible officials claim that they regularly inform repatriated
persons about social schemes available, including their rights and procedures for
enrolling in social assistance and pensions schemes, if directly approached. However,
only in a limited number of municipalities have relevant authorities taken proactive
measures to identify individuals/families that might require assistance. This was done
mainly by visiting such individuals and families and facilitating contacts with the
respective offices.46 Apart from a limited number of centres for social welfare and
municipal returns officers who have conducted outreach visits to repatriated persons,47
no institution conducts any activities to raise the awareness of repatriated persons
about existing social schemes and procedures on how to enrol in these schemes.
3.2.5 Housing and accommodation
The Strategy recommends the adoption of various measures to address the housing
needs of repatriated persons, including construction of houses and housing
programmes for repatriated persons who do not own land and/or property.48 However,
to date no concrete progress has been achieved at the local level.
None of the municipalities in Kosovo has taken any steps towards finding temporary
and/or durable housing solutions for repatriated persons, and none has included
budgetary projects in its budget plans to meet the housing needs of repatriated
persons. In fact, none of the municipalities has carried out assessments of the housing
44
To the International Organization for Migration, International Labour Organization, CARE
International, or the German NGO Arbeitsgruppe Entwicklung und Fachkraefte.
45
These organizations have been cited as the only organizations providing assistance to repatriated
persons in the form of grants for small businesses or equipment for farming, training and re-training
programmes, as well as general information, counseling and carrier advice.
46
Gjilan/Gnjilane, Ferizaj/Uroševac, Kamenicë/Kamenica, Novobërdë/Novo Brdo and Viti/Vitina,
Gjakovë/Ðakovica, Deçan/Dečane and Istog/Istok.
47
For instance, the centre for social welfare in Ferizaj/Uroševac and the municipal returns officer in
Kamenicë/Kamenica report conducting outreach visit to repatriated persons and inform them about
relevant procedures.
48
Strategy, Chapter 5, Social Housing and Property Issues.
10needs of repatriated persons or drafted any related proposal for funding by the
Ministry of Environment and Spatial Planning or external donors.49
The lack of access to housing and accommodation for repatriated persons remains a
major obstacle to sustainable return and reintegration. In many cases, properties have
been destroyed during the conflict or are found inhabitable after long periods of
absence.50 In addition, one of the most important problems faced by persons belonging
to Roma, Ashkali and Egyptian communities is their uncertain or not regulated legal
status related to housing, including issues related to land ownership. Those who used
to live in informal property tenure prior to their departure from Kosovo, face
particular challenges in accessing housing or any kind of accommodation upon return.
In many cases, repatriated persons find temporary solutions through relatives.
However, many cases remain without long term housing solutions. Some repatriated
persons have only found temporary shelter in collective centres or displaced persons’
camps.51
4. CONCLUSIONS
The Strategy for the Reintegration of Repatriated Persons and its accompanying
Action Plan are the main documents aimed at ensuring sustainable and long-term
solutions for repatriated persons in the areas of legal reintegration, health, education,
employment, social welfare, housing and property related issues. However, the
Strategy has not yet been adequately implemented at the central or local level.
Few efforts have been made at the central level to ensure that the Strategy and Action
Plan are adequately distributed throughout the public administration, including to and
within municipalities, and that responsible authorities effectively implement the
Strategy’s provisions. Consequently, local authorities are still sorely uninformed
about their responsibilities vis-à-vis repatriated persons, and have not received further
central government instructions outlining procedures and assigning clear
responsibilities to relevant local authorities in the respective areas of reintegration.
Relevant co-ordination and referral mechanisms between central and local level
institutions have yet to be established. To date, municipalities have neither received
advance notification about forthcoming forced returns nor have proper information
49
The Action Plan devises detailed plans and includes budgetary projections by the Ministry of
Environment and Spatial Planning for the reconstruction of 125 individual houses and the
construction of seven social housing buildings in different municipalities to accommodate 175
vulnerable families who do not own land or property (Objectives 57 and 58).
50
For instance in Istog/Istog and Klinë/Klina (Pejë/Peć region), although municipalities do not keep
up-to-date records on repatriated persons and their special needs, it is estimated that around 70-80
per cent of repatriated families, mostly from the Roma, Ashkali and Egyptian communities, were
not able to return to their damaged or destroyed houses (Source: municipal communities offices and
municipal returns officers).
51
There are reported cases of forcibly returned Roma who found temporary shelter in the lead-
contaminated camp of Osterode in northern Mitrovicë/Mitrovica as well as the Roma Mahalla in the
southern part of the municipality. Extreme cases have also been reported in Istog/Istok
municipality, where repatriated persons found themselves homeless, and only upon intervention of
KFOR and the municipal community officer were temporarily accommodated in an informal camp
in Djurkoc/Djurakovac.
11sharing mechanisms been established between relevant ministries and municipalities
to co-ordinate the implementation of the Strategy. As a consequence, none of the
municipalities has established policies in the field of reintegration of repatriated
persons or procedures to support repatriated persons upon their arrival in the
municipalities of origin.
Despite the specific needs identified and the budgetary projections made by relevant
ministries, the Strategy has received no direct funding at the local level. None of the
municipalities has included costs associated with the implementation of the Strategy
in their budgets, and no financial resources have been secured for the implementation
of specific reintegration programmes in the areas identified by the Strategy.
The sustainable return and reintegration of repatriated persons remains a major
challenge for Kosovo’s municipalities. While the vast majority of international
assistance in the field of return is aimed to support voluntary returns, repatriated
persons upon their return to Kosovo often remain without any assistance by either
Kosovo institutions or international (non-)governmental organizations. Limited access
to housing and property-related issues as well as difficulties in accessing essential
services, including education, health care, employment and/or economic
opportunities, are among the main difficulties faced by repatriated persons. It will take
considerable efforts by relevant institutions at both central and local level to address
these obstacles and to ensure the sustainable return and reintegration of repatriated
persons.
5. RECOMMENDATIONS
Recommendations to the central government:
• Allocate necessary government funding to ensure the implementation of the
Strategy and the accompanying Action Plan;
• Establish an inter-ministerial co-ordination board to oversee and monitor the
implementation of the Strategy; to co-ordinate the work of relevant ministries
as well as between central level and local authorities; and to develop specific
instructions to local authorities outlining clear responsibilities and procedures;
• Ensure that relevant ministries responsible for health, education, employment,
social care and housing, and local authorities, are informed about the
readmission/repatriation process;
• Take all necessary measures to implement the Strategy’s objectives in the
areas of legal reintegration, health, education, employment, social welfare and
housing to ensure basic conditions for sustainable return and reintegration;
• Ensure the prompt distribution of the Strategy and the Action Plan to all
relevant stakeholders, in particular municipal authorities, and conduct training
for municipal officials on the Strategy’s contents;
12• Strengthen the legal status of municipal community offices and municipal
returns officers within the municipal structure, and provide these
offices/officials with adequate resources and support to enable them to
discharge their functions;
• Co-operate closely with host countries as well as local and international non-
governmental organizations to co-ordinate financial and technical assistance
and to facilitate the development of structured and funded reintegration
programmes as well as local authorities’ capacities.
Recommendations to the municipal authorities:
• Ensure that budget proposals to the central government include necessary
funds for the implementation of the Strategy and Action Plan at the local level,
and allocate adequate resources from the municipal budget accordingly;
• Effectively distribute documents and instructions related to the reintegration of
repatriated persons to all relevant municipal officials, and inform them about
their respective roles and responsibilities in implementing them;
• Provide adequate financial, administrative and political support for municipal
community offices and municipal returns officers to enable the
offices/officials to accomplish their duties;
• Establish co-ordination mechanisms in which relevant institutions and officials
can exchange information, and develop targeted programmes, initiatives and
municipal policies;
• Engage in outreach activities and information sharing sessions for repatriated
persons on access to municipal services, as well as education, health care,
social services, employment and other re-integration opportunities.
Recommendations to international organizations and host countries:
• UNHCR: Provide guidance to relevant authorities in host countries and to the
Kosovo institutions on the international protection needs of individuals from
Kosovo, and closely monitor that the repatriation process is carried out in line
with international human rights standards.
• Host countries: Take due consideration of the conditions for the reception and
reintegration of repatriated persons and support Kosovo institutions in
fulfilling their obligations.
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